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(영문) 창원지방법원 마산지원 2017.05.30 2017고단377
도로교통법위반(무면허운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On March 17, 2017, around 00:15, the Defendant driven a rash car without a driver’s license from around 2 km away from the distance of about 2 km in front of the tower in the same synthetic Dong and the front road, located in the members of the Changwon-si, Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes to the situation report on driving without licenses, the ledger of driver's licenses, and the details of revocation of driver's licenses;

1. Article 152 of the relevant Act and Articles 152 subparagraph 1 and 43 of the Road Traffic Act concerning the facts constituting a crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing conditions under Article 334(1) of the Criminal Procedure Act, such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime, shall be determined by comprehensively taking account of the following circumstances, and other factors such as the Defendant’s age, sexual conduct, environment, motive, means and consequence of the crime.

On February 24, 2016, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (unlicensed Driving), etc. in the Changwon District Court Branch on February 24, 2016. On March 3, 2016, the Defendant committed the instant crime only one year from the date of the suspended sentence, even though the judgment became final and conclusive on March 3, 2016.

The favorable circumstances: The crime of this case is against the law.

There was no accident.

Considering this point, it seems that the punishment of the defendant immediately is somewhat harsh, and thus, he/she shall be punished by a fine.

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